SANDEEP MEENA Vs. BUREAU OF INDIAN STANDARDS

JUDGEMENT

(1.) Vide Office Memorandum of 7th September, 2015 (Annexure-A colly.), petitioner, who was working as the Deputy Director (Administration and Finance) in the Central Laboratory, Sahibabad, Delhi stands transferred to Eastern Region Office Laboratory (EROL), Kolkata w.e.f. 7th September, 2015. In pursuance to the impugned Office Memorandum/Transfer Order (Annexure-A colly.) petitioner stands relieved on the very same day.

(2.) Learned counsel for respondent submits that in place of petitioner, the person, who has been transferred, has already joined. Petitioner's Representation against the Office Memorandum stands rejected vide order of 29th September, 2015 (Annexure-B) wherein it is stated that as per Policy of Bureau of Indian Standards, the AD (A&F) and DD (A&F) are interchangeable as per the availability of the manpower and administrative requirement in the best interest of the organization. A short affidavit has been filed on behalf of respondent wherein it is disclosed that the concerned AD (A&F) has been transferred from Kolkata to Chandigarh on promotion.

(3.) Learned counsel for respondent further submits that the two posts i.e. of Additional Director and Deputy Director are interchangeable and there is no demotion of petitioner because his pay, emoluments and designation remain protected and administrative exigencies require that petitioner mans the post of Additional Director (Administration and Finance) at Kolkata. It is assured that this does not in any way means demotion of petitioner. However, learned counsel for petitioner submits that the transfer of petitioner to Kolkata amounts to his demotion.